DEVELOPMENT ASSESSMENT PANEL AGENDA – 28 · PDF fileDEVELOPMENT ASSESSMENT PANEL AGENDA – 28 ... included in the covering letter to the applicant that the ... The southern most

DEVELOPMENT ASSESSMENT PANEL AGENDA – 28/11/05

Municipal Offices GILBERTON SA 5081

23 November 2005 Your Worship and Members,

Notice is hereby given that a meeting of the Development Assessment Panel will be held in the Council Chambers, 66 Walkerville Terrace, Gilberton on Monday 28 November 2005, commencing at 5.30pm Yours faithfully

RON WALLACE CHIEF EXECUTIVE OFFICER

DAP281105/1 : PRESENT

DAP281105/2 : APOLOGIES

DAP281105/3 : LEAVE OF ABSENCE

DAP281105/4 : IN THE GALLERY

DAP281105/5 : CONFIRMATION OF MINUTES

DAP281105/6 : REPRESENTATION

DAP281105/7 : REPORTS OF OFFICERS

DAP281105/7.1 : APPLICATION: 200/133/05 APPLICANT: S Galantomos LOCATION: 77 Walkerville Terrace and 143 Stephen

Terrace, Walkerville PROPOSAL: Two storey additions and alterations to the

existing office building

DAP281105/7.2 : APPLICATION: 200/051/05 APPLICANT: Joanne Natalie Willumsen LOCATION: 22 Burlington Street, Walkerville PROPOSAL: To remove a significant tree (Desert Ash)

DAP281105/8 : ANY OTHER BUSINESS

DAP281105/9 : CLOSURE


RECOMMENDATION That the minutes of the Development Assessment Panel meeting held on Monday 24 October 2005 be taken as read and confirmed as a correct record.

DEVELOPMENT ASSESSMENT PANEL MINUTES – 24/10/05

Municipal Offices

GILBERTON SA 5081

24 October 2005

MINUTES of the Development Assessment Panel held in the Council Chamber, 66 Walkerville Terrace, Gilberton on Monday 24 October 2005, at 5.36pm.

DAP241005/1 : PRESENT

A Hedges, R Wallace, J Rich (Acting Chair), P Eady, S MacDonald, R. Adams H Bechervaise (from 5:50), D Atkinson & G Gibson

DAP241005/2 : APOLOGIES

D Whiting

DAP241005/3 : LEAVE OF ABSENCE

Nil

DAP241005/4 : IN THE GALLERY

H Rossis, N Rossis, G Garside, B Burman, D Bills, M Davey (York Peninsula Council), D Lapic and V Lapic


Moved: P Eady Seconded: R Wallace Carried

That the minutes of the Development Assessment Panel meeting held on Monday 26 September 2005 be taken as read and confirmed as a correct record.

DAP241005/6 : REPRESENTATION

200/085/05

H ROSSIS

• Ms Rossis advised she has viewed the amendments. Requests the construction of a fence prior to commencement of construction.

• Whilst, the applicant is willing to put shade cloth against fence to act as a dust prevention device this is unsatisfactory to Ms Rossis.

• Ms Rossis’ view that a solid fence will cut down dust exposure and also act as a barrier to noise associated with the construction, particularly with the excavation.

D LAPIC

• Advised they are holding back on constructing the fence for practical reasons. The pathway adjacent to the existing retaining wall may not be sufficient to be sustained during construction and they want to hold off constructing the fence until the effect on the pathway is known.

• They believe that the shade cloth will be adequate when used in conjunction with standard practices of watering down sites.

• The garage and the cellar will be constructed first and then the existing dwelling demolished and the rest of the house completed. As soon as the garage is completed a new fence will be erected.

• Clarified that the site will not require heavy earth moving equipment.

200/231/04

• R Adams asked if the applicant is aware of the letter dated 24 October 2005 from Soil & Groundwater Consulting and that the issues associated with the site do not preclude it from residential use. B Burman responded by saying that the applicant is aware of the letter and the issues associated with it.

DAP241005/7: REPORTS OF OFFICERS

DAP241005/7.1: APPLICATION: 200/085/05 APPLICANT: Ms V Lapic LOCATION: 8 George Street, Vale Park PROPOSAL: 1. Construction of a new two storey

detached dwelling with associated car parking, cellars; theatre and boundary fences over 2 metres in height; and 2. Associated excavation and filling of land.

Discussion

Members discussed the issues of dust and construction noise and noted these as site management issues rather than relevant planning matters. It was requested that a comment be included in the covering letter to the applicant that the DAP understands it is Mr Lapic’s intention to install a fence after the construction of the garage and prior to the demolition of the existing dwelling and that this should be conveyed to Ms Rossis at 6 George Street in the interests of good neighbourly relations.

Moved: P Eady Seconded: S MacDonald Carried

That Development Application No 200/085/05 by Ms V Lapic at 8 George Street Vale Park for: 1. Construction of a new two storey detached dwelling with associated carparking, cellars

and theatre and boundary fences over 2.0 metre in height; and 2. Associated excavation and filling of land

be granted PROVISIONAL DEVELOPMENT PLAN CONSENT subject to the following conditions:

1. Development is to take place in accordance with the amended plans dated 29 August 2005

and received by Council on 9 September 2005, letter dated 14 October 2005 and details accompanying the development application relating to Development Application No. 200/085/05, except as modified by any conditions attached to this Planning Decision Notification, and all works detailed in the approved plans and required by conditions be completed prior to the occupation of the development approved herein. Reason: To ensure the development proceeds in accordance with this approval.

2. Storm and roof water shall be managed and disposed of in such manner so as not to

adversely to affect adjoining land or the dwellings herein approved. The method of disposal shall adopt one of the following alternatives:

♦ Roof and ground surface water conveyed through a piped gravity drainage system to the street watertable. Such other alternative to achieve the purpose of this condition as may be approved in writing by the planning authority prior to the implementation of such alternative system.

♦ Ground surface stormwater carried to a street watertable through a pressurised mechanical system designed to cope with a 1 in 100 year return period rain event; such a system may necessitate elevated floor levels and the provision of a water retention area. Reason: To prevent damage to properties and minimise erosion.

3. Any difference of 200mm or more in finished ground levels between the subject site and

adjoining sites at the boundary shall be retained by an appropriate wall or plinth of masonry, concrete, or new concrete sleepers capable of adequately retaining the excavated or filled earth.

Reason: To retain fill within the boundaries of the site of the development, to ensure the stability of adjoining land is not affected and to manage the flow of stormwater.

4. All upper level windows in the north-western, north-eastern, south-eastern and eastern elevations shall be fixed (unopenable) obscure glass to a height of not less than 1.7 metres above the floor level concerned to maintain the privacy of adjoining premises, all to the reasonable satisfaction of the relevant planning authority. Reason: To prevent overlooking and loss of privacy on adjacent premises

5. A rainwater tank with a minimum capacity of 500 litres shall be installed within the private rear

yard of dwelling hereby granted consent prior to the occupation of any dwelling. Reason: To conserve water resources

Note: A separate development application is required for the demolition of the existing buildings

and structures on the land prior to their removal. Note: Approval from the Council is required if there are any amendments to the approved

development resulting from the site conditions or requirements from other authorities or other Acts or Regulations having jurisdiction over the subject site, existing buildings or the approved developments.

Note: The creation and removal of street crossovers and reinstatement of kerb/water table

resulting from the approved development shall be undertaken by the applicant and at the applicant's expense in accordance with the Council's specifications. An application form is attached for this purpose and must be returned to Council prior to commencement of any work on-site.

Note: Any damage to abutting or nearby footpaths footpath paving nature strips kerbing guttering

and road paving resulting from the undertaking of the approved development shall be repaired or reinstated to the reasonable satisfaction of the relevant planning authority by or at the expense of the person or persons who undertake the development prior to occupation or use of the building or structure to which this approval relates.

Note: The approval does not imply compliance with the Electricity Act and Regulations.

Applicants should contact the Office of the Technical Regulator for further advice on 08 8226 5500. Failure to comply can be both dangerous and costly.

Note: The beneficiary of this consent is advised that any mechanical device shall be designed,

located and operated at all times to comply with the Environment Protection Act (machine noise) Policy 1994.

Note: This approval does not imply compliance with Commonwealth Disability Discrimination Act

1992, as amended, or the regulations thereunder. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.

DAP241005/7.2: APPLICATION: 200/231/04 - Deferred Matter APPLICANT: Sealcrest Pty Ltd LOCATION: 45-50 Park Terrace, Gilberton

PROPOSAL: Community Land Division to create 27 Allotments and to construct:

1. Five 3-storey Residential Flat Buildings (34 dwellings) with under croft car parking; 2. Ten 3-storey Row Dwellings; 3. Three 2-storey Row Dwellings; and 4. Associated garaging, fencing and landscaping; and 5. Removal of seven significant trees; and 6. Demolition of existing buildings

Moved: R Adams Seconded: A Hedges Carried

Discussion • D Atkinson highlighted the changes and amendments to the proposal. • Members discussed the use of 3m trees as opposed to 2m trees and the grounds for

removal of the Peppercorn Tree • P Eady asked for clarification as to the closest part of the development to the linear park. D

Atkinson stated that the plans now reflect all building development setback at less 5 metres from the boundary with the Linear Park with the exception of Lot 12 where lesser setbacks have been considered due to the increased distance of the boundary from the cycle and pedestrian track in this location created by the slope of the embankment.

• Members discussed the proposed site coverage for the site and the appropriateness of this for an integrated development.

That Development Application No 200/231/04 (DAC 200/C019/04) by Sealcrest Pty Ltd at 45-50 Park Terrace, Gilberton for a community land division to create 27 allotments and the development of the site in 2 Stages, as follows: Stage 1 - demolition of existing buildings, removal of seven significant trees and site remediation and Stage 2 - Construction of 1. Five 3-storey Residential Flat Buildings (34 dwellings) with under croft car parking; 2. Ten 3-storey Row Dwellings; 3. Three 2-storey Row Dwellings; and 4. Associated garaging, fencing and landscaping; Be granted LAND DIVISION CONSENT AND PROVISIONAL DEVELOPMENT PLAN CONSENT of two (2) years subject to the following conditions: Land Division Conditions Council Conditions 1. An open space contribution of $69 250, in accordance with Section 50(2) of the Development

Act, 1993, is due calculated at a rate of $2770.00 per allotment (25 allotments @ $2770/allotment. This is to be paid prior to the Council’s clearance of the plan of division for

certificate purposes. Cheques should be made payable to the Corporation of the Town of Walkerville and marked “Not Negotiable”.

2. The southern most access point shall be exit only and a back to back solid median to 300mm

high shall be provided in Park Terrace as well as appropriate directional signage to the satisfaction of Council in consultation with Transport SA at the applicant’s expense.

3. The common driveway and crossovers to Park Terrace shall be designed and constructed to

accommodate refuse collection vehicles. Pavement design shall be based upon Austroads Pavement Research Group 21- “A guide for the design for new pavements for light traffic”.

Development Assessment Commission Conditions 4. The financial, easement and internal drain requirements for water and sewerage services of

the SA Water Corporation, if any, shall be met by the developer. This application is being dealt with in docket SA WATER 05/04863.

5. Two copies of a certified survey plan shall be lodged for Certificate purposes. 1. Provisional Development Plan Consent Conditions

Development is to take place in accordance with the following plans relating to Development Application No. 200/231/04 • Amended plan of community land division prepared by Fife Pty Ltd dated 12/08/05 and

received by Council 15/08/05 • Revised Lot 1 Apartments drawing dated 8/09/05 and received by Council 16/09/05 • Revised Lot 12 Apartments drawing dated 13/10/05 and received by Council 14/10/05 • Revised Lots 2-11 and 25-27 drawing dated 21/07/05 and received by Council 14/10/05 • Revised Lot 18 Apartments drawing dated 8/09/05 and received by Council 16/09/05 • Revised Lot 19 Apartments drawing dated 13/10/05 and received by Council 14/10/05 • Revised Lot 20 Apartments drawing dated 8/09/05 and received by Council 16/09/05 • Revised combined plan dated 14/09/05 and received by Council 14/10/05 (*) • Lot 12 South Elevation – Torrens dated received by Council 19/09/05 • Lots 2-11 Park Terrace Elevation dated 09/02/05 and received by Council 16/09/05 • Lots 2-11 Fence Details dated 14/09/05 received by Council 16/09/05 • Lots 1 and Lot 12 Fence Details dated 14/09/05 received by Council 16/09/05 and Typical

Perspective View dated 15/08/05 and received by Council 19/09/05 • Lot 18, 19 and 20 Fence Details dated 14/09/05 received by Council 16/09/05 • Correspondence from Hassell Pty Ltd dated 19th July 2005 offering to enter a Land

Management Agreement with the Corporation of the Town of Walkerville and • Urban design guidelines dated 16 September 2005 and the building envelope plan dated

15/08/05 • Correspondence from Hassell Pty Ltd dated 14th October 2005 confirming a detailed

topographical survey of the Torrens River Bank for the extent of the development site boundary will be undertaken,

• Proposed Finishes Schedule included as Appendix F in amended book of Hassell documentation received by Council on 20th May 2005.

except as modified by any conditions attached to this Planning Decision Notification, and all works detailed in the approved plans and required by conditions be completed prior to the occupation of the development approved herein.

2. A complete Environmental Site Assessment Report and Environmental Management Plan for

the remediation of the site and a Site Audit Report by an Environmental Auditor shall be submitted to Council prior to the clearance of land division for certificate purposes and prior to building rules consent for the construction of any buildings in Stage 2. Council reserves the right pursuant to Section 33 (3) of the Development Act 1993 to attach further conditions once this information is received.

3. A detailed topographical survey of the Torrens River Bank for the extent of the development site boundary shall be undertaken following site remediation and the results submitted to Council prior to the clearance of land division for certificate purposes and prior to building rules consent for the construction of any buildings in Stage 2. Council reserves the right pursuant to Section 33 (3) of the Development Act 1993 to attach further conditions once this information is received.

4. The storm water system for buildings, land and driveways shall be designed and constructed

incorporating a detention system and directed towards discharging the peak 100 year ARI flow underground from the open space denoted as C6 to the River Torrens to prevent nuisance flooding onsite and prevent erosion of the river bank and the river channel to the satisfaction of Council.

5. All existing street trees shall be retained and the landscaping plan forming the combined plan

received by Council on 14th October 2004 shall include new infill Bahinia trees in replacement of the proposed plantings of Fraxinus “Urbanite” trees.

6. Notwithstanding Condition 3, all tree plantings proposed in the landscaping plan shall be a

minimum height of 3.0 metres at the time of planting. All landscaping as detailed in the application shall be planted prior to the occupation of the development and shall be maintained in good health and condition at all times. Any such vegetation that dies or becomes seriously diseased shall be replaced to the reasonable satisfaction of the Council.

7. No street trees shall be removed, lopped or pruned without the prior written authorisation of

Council, and every precaution shall be taken to prevent damage from vehicles and machinery associated with the development of the subject land.

8. A Soil Erosion and Drainage Management Plan (SEDMP) prepared in accordance with the

“Storm water Pollution Prevention Code of Practice for the Building and Construction Industry”, issued by the EPA shall be prepared and put in place prior to the commencement of any site works and shall include but not be restricted to a temporary construction exit and silt fences. The measures are to prevent silt from being washed from the site to the road and mud from being transported onto the road on the wheels of vehicles. These silt control measures shall be maintained in good working order during construction. These soil erosion measures shall remain in place until all disturbed surfaces are sealed or suitably revegetated in a manner to prevent erosion.

9. Any difference of 200mm or more in finished ground levels between the subject site and

adjoining sites at the boundary shall be retained by an appropriate wall or plinth of masonry, concrete, new concrete sleepers capable of adequately retaining the excavated or filled earth.

10. All fencing on the subject land shall be in accordance with the fence details dated 14/09/05

received by Council 16/09/05 and typical perspective for Lots 1 and 12.

11. No gates shall be provided to the two access points to the development to enable free and unrestricted access to refuse collection vehicles and service delivery vehicles.

12. A rainwater tank with a minimum capacity of 500 litres shall be installed for each dwelling

hereby granted consent prior to the occupation of any dwelling. Note: Approval from the council is required if there are any amendments to the approved


Note: As part of the application the applicant has agreed to enter into a Land Management

Agreement as outlined in the letter dated 19th July 2005 to incorporate the following matters: • Urban Design Guidelines for the construction of dwellings on allotments 13-17 and 21-

24

• Site remediation and associated building limitations (e.g. swimming pools) • Storm water detention • Fencing detail to the Linear Park • Maximum Site Coverage • Future development of shade structures and outbuildings on the fore mentioned

allotments • Maintenance of unrestricted access to the site from Park Terrace through the proposed

entry and exit points • Permission for East Waste to enter the community land for rubbish collection purposes. Council reserves the right to include other matters in the Land Management Agreement following consideration of the draft document and Council reserves issuing Development Approval for Stage 2 of this application until the Land Management Agreement has been executed by both parties in accordance with Section 33(3) of the Development Act 1993.










1992, as amended, or the regulations there under. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.

Note: That effective measures be implemented during the construction of the development and

on-going use of the land in accordance with this consent to: ♦ prevent waste water and silt run-off from the land to the waterways; ♦ control dust arising from the construction and other activities, so as not to, in the opinion

of Council, be a nuisance to residents or occupiers on adjacent land; ♦ ensure that soil or mud is not transferred onto the adjacent roadways by vehicles

leaving the site; ♦ ensure that all litter and building waste is contained on the subject site in a suitable bin

or enclosure; and ♦ ensure that no sound is emitted from any device, plant or equipment or from any source

or activity to become an unreasonable nuisance, in the opinion of Council, to the occupiers of adjacent land and

♦ street trees in Park Terrace are protected from machinery and vehicles entering and exiting the site during demolition and site remediation.

DAP241005/7.3 : APPLICATION: 200/128/05 and 200/152/05 APPLICANT: Genworth Constructions LOCATION: 26 Dutton Terrace, Medindie PROPOSAL: 1. To remove a significant tree (Liquidambar)

and 2. To erect a single storey dwelling with

associated car parking

Discussion H. Bechervaise advised members that Genworth Constructions had been a client of his previously but not currently, and he did not believe on this basis that he had a conflict of interest. Moved: S MacDonald Seconded: P Eady Carried

A. That DEVELOPMENT APPROVAL to Development Application No 200/128/05 by Genworth Constructions to remove a significant tree (Liquidambar) at 26 Dutton Terrace Medindie be granted subject to the following condition:

1. Development is to take place in accordance with the plans and all details relating

Development Application No. DA 200/128/05, except as modified by any conditions attached to this Planning Decision Notification Reason: To ensure the development proceeds in accordance with this approval.

B. That Development Application No 200/152/05 by Genworth Constructions Homes to

construct a single storey detached dwelling with associated carparking at 26 Dutton Terrace, Medindie be granted PROVISIONAL DEVELOPMENT PLAN CONSENT subject to the following conditions:

1. Development is to take place in accordance with the plans numbered PD/01/A and PD/02/A

Issue B dated 29 September 2005 prepared by Genworth Constructions and all details relating Development Application No. DA 200/152/05, except as modified by any conditions attached to this Planning Decision Notification, and all works detailed in the approved plans and required by conditions be completed prior to the occupation of the development approved herein. Reason: To ensure the development proceeds in accordance with this approval.

2. Storm and roof water shall be managed and disposed of in such manner so as not

adversely to affect adjoining land or the dwellings herein approved. The method of disposal shall adopt one of the following alternatives: b) Roof and ground surface water conveyed through a piped gravity drainage system

to a street watertable. c) Roof and ground surface water carried to a street watertable through a pressurised

mechanical system designed to cope with a 1 in 100 year return period rain event. (Note: such a system may necessitate elevated floor levels and the provision of a water retention area.)

d) Such other alternative to achieve the purpose of this condition as may be approved in writing by Council at the time plans are lodged for Building Rules Consent.

Reason: To prevent damage to properties and minimise erosion 3. Any difference of 200mm or more in finished ground levels between the subject site and

adjoining sites at the boundary shall be retained by an appropriate wall or plinth of masonry, concrete, or new concrete sleepers capable of adequately retaining the excavated or filled earth. Reason: To retain fill within the boundaries of the site of the development, to ensure the stability of adjoining land is not affected and to manage the flow of stormwater.

Note: The applicant is reminded that the Development Act and Regulations 1993

requires the building owner to provide 28 days written notice to an adjoining owner where there is work to be undertaken that may affect the stability of adjoining land or premises by virtue of any excavation or fill adjacent to the boundary.

4. A rainwater tank with a minimum capacity of 500 litres shall be installed within the private

rear yard of the dwelling hereby granted consent prior to the occupation of any dwelling. Reason: To conserve water resources

Note: A separate development application is required for the demolition of the existing

buildings and structures on the land prior to their removal. Note: Approval from the council is required if there are any amendments to the approved

development resulting from the site conditions or requirements from other authorities or other Acts or Regulations having jurisdiction over the subject site, existing buildings or the approved developments. Reason: To ensure that completed structures are in accordance with approvals issued.


resulting from the approved development shall be undertaken by the applicant and at the applicant's expense in accordance with the Council's specifications. An application form is attached for this purpose and must be returned to Council prior to commencement of any work on-site. Reason: To ensure construction complies with stormwater complies with stormwater public safety and convenience requirements.

Note: Any damage to abutting or nearby footpaths footpath paving nature strips kerbing

guttering and road paving resulting from the undertaking of the approved development shall be repaired or reinstated to the reasonable satisfaction of the relevant planning authority by or at the expense of the person or persons who undertake the development prior to occupation or use of the building or structure to which this approval relates.



Note: The beneficiary of this consent is advised that any mechanical device shall be

designed, located and operated at all times to comply with the Environment Protection Act (machine noise) Policy 1994.

Note: This approval does not imply compliance with Commonwealth Disability Discrimination

Act 1992, as amended, or the regulations thereunder. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.

DAP241005/7.4 : APPLICATION: 200/166/05 APPLICANT: Pergolas of Distinction LOCATION: 74 Lansdowne Terrace, Walkerville PROPOSAL: Verandah to Rear of Existing Dwelling

Discussion Members discussed the original scheme and the higher site coverage. Comment was made that it was reasonable expectation to allow for part coverage of rear open space area. Moved: A Hedges Seconded: H Bechervaise Carried

That Development Application No 200/166/05 by Pergolas of Distinction to construct a verandah to the rear of the existing dwelling at 74 Lansdowne Terrace, Walkerville be granted PROVISIONAL DEVELOPMENT PLAN CONSENT subject to the following conditions: 1. Development is to take place in accordance with the plans prepared by Rotundas and

Pergolas and all details relating to Development Application No. DA200/166/05 except as modified by any conditions attached to this Planning Decision. Reason: To ensure the development proceeds in accordance with this approval.

2. Storm and roof water shall be managed and disposed of in such manner as will not adversely

affect any adjoining property, by the creation of an on-site detention/retention system and/or directing such water to the street water table to the reasonable satisfaction of the relevant planning authority. A pressurised system shall be used if levels are inadequate for gravity feed system. Reason: To prevent damage to properties and minimise erosion.

Note: Approval from the council is required if there are any amendments to the approved









1992, as amended, or the regulations there under. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.

DAP241005/7.5 : APPLICATION: 200/192/05 APPLICANT: A D’Andrea & Associates LOCATION: 39 Angas Avenue, Vale Park PROPOSAL: Amendments to approved development for

three single storey group dwellings and two, two storey group dwellings, (a total of 5 dwellings) with associated car parking, retaining walls and landscaping.

Discussion Members compared the changes between the plans and agreed they were not substantial. Moved: P Eady Seconded: S MacDonald Carried

That Panel is of the opinion that the proposed variations are not substantial and do not warrant the re-notification of the amended application under Part 6 of the Development Regulations and That Development Application No 200/192/05 by A D’Andrea & Associates to vary the approved development for three single storey group dwellings and two, two storey group dwellings, (a total of 5 dwellings) with associated car parking, retaining walls and landscaping at 39 Angas Avenue, Vale Park be granted PROVISIONAL DEVELOPMENT PLAN CONSENT subject to the following conditions and notes: 1. Development is to take place in accordance with the amended plans, prepared by A

D’Andrea & Associates numbered Sheet 01-016 of 16 dated 10-10-2005 and Site Plan Sheet 01 of 16 dated 10-10-2005 and accompanying the development application relating to Development Application No. 200/192/05, except as modified by any conditions attached to this Planning Decision Notification, and all works detailed in the approved plans and required by conditions be completed prior to the occupation of the development approved herein. Reason: To ensure the development proceeds in accordance with this approval.

2. The driveway and car parking areas to be surfaced and drained, prior to the development

being occupied, with approved pavers or other durable material; material used and drainage system to the satisfaction of the relevant planning authority. Reason: For safe and convenient all weather vehicle movements and to avoid dust generation

3. A 100mm high reinforced concrete kerbing or other approved barrier shall be erected along

the driveway not closer than 600 mm to any fence of building wall. Reason: To retain the attractiveness and integrity of car park surrounds and protect fences and building walls from vehicular damage.

4. Storm and roof water shall be managed and disposed of in such manner so as not to

adversely to affect adjoining land or the dwellings herein approved. The method of disposal shall incorporate a detention system with roof and ground surface water conveyed through a piped gravity drainage system to an underground detention tank and connected to the underground stormwater pipe located within the easement on the subject land to a design and specification to the satisfaction of the Council. Reason: To prevent damage to properties and minimise erosion.

5. Any difference 200mm or more in finished ground levels between the subject site and

adjoining sites at the boundary shall be retained by an appropriate wall or plinth of masonry, concrete or, new concrete sleepers capable of adequately retaining the excavated or filled earth. Reason: To retain fill within the boundaries of the site of the development, to ensure the stability of adjoining land is not affected and to manage the flow of stormwater

6. All boundary fencing on the subject land shall be constructed using 1.8 metre high colorbond

material, as may be varied through agreement with the Council to provide protection of privacy for the occupiers of adjoining land. The standard of materials and construction shall be commensurate with the character and amenity of the locality. All fencing costs over and above that of a fence typical of the locality to address issues of privacy created by the development herein approved shall be wholly borne by the applicant. Reason: To maintain the character and amenity of the locality.

Note: If the fence (or combination of fence and retaining wall) required exceeds 2 metres in height (measured from the lowest side above ground level) prior approval must be obtained from Council before work commences.

7. Landscaping as detailed in the application for the development herein approved shall be

planted and established prior to the occupation of the development for the purposes approved herein and shall be maintained in good health and condition at all times and any such vegetation shall be replaced if and when it dies or becomes seriously diseased, all to the reasonable satisfaction of the relevant planning authority. Reason: To maintain and enhance the amenity of the locality

8. A rainwater tank with a minimum capacity of 500 litres shall be installed within the private

rear yard of each dwelling hereby granted consent prior to the occupation of any dwelling. Reason: To conserve water resources

Notes Note: Approval from the council is required if there are any amendments to the approved


Note: The creation and removal of street crossovers and reinstatement of kerb/water table resulting

from the approved development shall be undertaken by the applicant and at the applicant's expense in accordance with the Council's specifications. An application form is attached for this purpose and must be returned to Council prior to commencement of any work on-site.



Note: The approval does not imply compliance with the Electricity Act and Regulations. Applicants

should contact the Office of the Technical Regulator for further advice on 08 8226 5500. Failure to comply can be both dangerous and costly.




1992, as amended, or the regulations thereunder. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.


8.1 - 1, 3 AND 5 PONDER AVENUE

Members discussed the group dwellings proposed for the site at 1, 3 and 5 Ponder Avenue. Members stated that staff should give direction to the developer to increase the side setbacks.

8.2 – December DAP Meeting That the December DAP meeting be moved to the 12th of December 2005 Moved: R. Wallace Seconded: P. Eady Carried DAP241005/9 : CLOSURE The meeting closed at 6:47pm

Chairperson Signature: ..................................................

Date: .................................................................................

Corporation of the Town of Walkerville

REPORT TO: Development Assessment Panel

FROM: Lou Fantasia, Consultant Planner

APPLICATION: 200/133/05 APPLICANT: S Galantomos LOCATION: 77 Walkerville Terrace and 143 Stephen Terrace, Walkerville PROPOSAL: Two storey additions and alterations to the existing office building ZONING: Town Centre Zone - Business Core Policy Area DATE: 22 November 2005

ITEM NO: DAP281105/7.1

1. SUBJECT LAND & LOCALITY

The subject land is long narrow allotment with a frontage of 7.62 metres and 53.49 metres deep, located on the northern side of Walkerville Terrace approximately 50 metres east of the intersection of Walkerville Terrace and Stephen Terrace. The subject land contains a building sited to the front of the land and used for offices. The building is built to the street alignment and the eastern side boundary and 1.5 metres from the western side boundary. An outside toilet building and a small storage shed are located between the rear of the office building and carparking area. Parking for 5 vehicles is provided in the carparking area which is accessed from Stephen Terrace via a Right of Way over the driveway of 143 Stephen Terrace in favour of the subject land. This ROW also provides access to the carparking facilities of 145 Stephen Terrace. While the subject land is situated within the core retail and office/ commercial hub of the Walkerville Town Centre it is bound by residential development as follows:

- South Australian Housing Trust two storey residential flats to the north –east at 79 Walkerville Terrace; and

- the detached dwellings to the north and north-west at 143 and 145 Stephen Terrace.

A drapery with a two storey residential additions adjoins the subject land to the north-west at 75 Walkerville Terrace. The subject is directly opposite the two storey retail and commercial building at 70 Walkerville Terrace. The locality has a mixed character with primarily retail and commercial uses along Walkerville Terrace and residential uses along Stephen Terrace.

SUBJECT LAND

N

2. PROPOSAL

The proposal involves alterations to the building to facilitate a two storey addition over portion of the building. The two storey addition would be setback 4.0 metres from the front building alignment and 33 metres from the rear boundary of the subject land. The addition is 7.62 metres wide extending to the side boundaries and 16.0 metres deep. The western side of the upper level would be cantilevered over the existing pathway along the side of the building.

The ground floor area would be altered and upgraded to provide a reception area, conference room, one office, a kitchenette area and unisex disabled person toilet. The upper floor area would comprise 3 offices, a central collating/work area and toilet/vanity facility. The existing building comprises 3 offices, a reception area and associated amenities areas. The applicant has provided two options for the appearance of the upper level area. Option 1 has a 12 degree hipped roof behind a parapet and pediment front to Walkerville Terrace. Option 2 provides a skillion (flat) roof with parapets.

Option 1 with the hipped roof is more typical of roofs of the adjoining dwellings and other buildings within the locality. Therefore the hipped roof option 1 is preferred over the skillion roof. The proposal will result in an increase in the number of parking spaces at the rear of the site from 5 to 8 spaces. Vehicles will reverse into the ROW lane area to manoeuvre and turn to leave the site in a forward direction in a similar manner to the current situation.

Right of Way

3. PUBLIC NOTIFICATION

The application is a Category 2 form of development which requires consultation with the owners and occupies of adjacent land in accordance with Part 2 of Schedule 9 of the Development Regulations 1993 since the subject land adjoins land in a different zone. The adjoining residential development at 145 Stephen Terrace is located within the Residential Zone - Walkerville Central Policy Area.

REPRESENTATIONS: Representations were received in response to the consultation from: 1. Angela Niscioli of 145 Stephen Terrace, Walkerville 2. Whittles Body Corporate Management on behalf of the Strata Corporation 7810 Inc

at 70 Walkerville Terrace, Walkerville 3. VB Mazure of 75 Walkerville Terrace, Walkerville 4. Mrs M Dayman of 1/79 Walkerville Terrace, Walkerville 5. M Mikhail & N Saad owners of 1/147 Stephen Terrace, Walkerville

None of the representors wish to address the meeting Issues:

- Upper level rear windows to be fixed obscure glass to 1700mm; - ‘Reduction’ in the number of carparks to meet the relevant standards; - The proposed expansion will result in additional staff and clients. There is already a

shortage of public and private parking in the general area especially on the northern side of Walkerville Terrace;

- The existing carparking area is not easy to find; - Seek additional public and private parking in the vicinity of the development and not

more use of the carpark at the rear of 70 Walkerville Terrace; - Protect existing boundary fence from vehicular damage; and - Request to advise neighbour of dust generating activities and use of strong

chemicals; - Maintenance of access to existing unit at 1/79 Walkerville Terrace during

construction.

4. PLANNING ASSESSMENT

Zoning: Town Centre Policy Area: Business Core (16)

Development Plan (Consolidated 16 October 2003) Metropolitan Adelaide

Objectives 1, 6, 10, 11, 15, 16, 17, 24, 25, 26, & 43 Principles 17, 18, 19, 20, 21, 22, 24 & 25

Council Wide Objectives 3, 5, 6, 7, 9, 10, 11, 13, 14, 24, 25, 26, 33, & 34 Principles 1, 2, 3, 4, 17, 18, 23, 32, 33, 34, 35, 37, 40, 41, 42,

43, 44, 45, 46, 60, 62, 63, 64, 66, 70, 71, 72, 73, 79, 80, 81, 82, 83, 84,

Town Centre Zone Objectives 1, 2 & 3(a) Principles 1, 2 & 3

Business Core Policy Area

Objectives 1, 3 & 4 Principles 1, 2, 3, 4, 5, 6, 9, 10 & 11

ISSUES

• Built form • Carparking

RESPONSE TO ISSUES

• Built form and Appearance The Principle of Development Control 3 for the Town Centre Zone and Policy Area Principle 3 support the development of two storey buildings along Walkerville Terrace. Policy Area Principle 4 sets out guidelines for the siting, design and appearance of buildings as follows: “4 Buildings should be sited on or within 4 metres of the Walkerville Terrace frontage, be

designed with a consistent building orientation aligned square to its street frontage, and with traditional shop building façades comprising verandah, parapet and shop front elements.”

Buildings are encouraged to be built to the street alignment or setback no more than 4.0 metres and they should retain or incorporate the traditional shop facades such as verandahs and parapets. The existing building comprised a shop and dwelling built in the 1890s. It has an ornate parapet which is unique in the context of Walkerville Terrace. While the shop front has been altered, it still retains much of the decoration and detail at the parapet level. The proposed development does not seek to alter the appearance of the building at street level with the additions being sited 4.0 metres behind the building façade. The façade of the upper level additions has been designed to reflect the ground level façade detail. Building setbacks vary along both sides of Walkerville Terrace between Stephen Terrace and Smith Street with most retail/commercial buildings built at or close to the street alignment. The siting of the upper level office area also take into account and reflects the built form and setbacks of the adjoining buildings with single storey at or adjacent to the street, and two storey components to the rear. This arrangement reduces the bulk and massing of the building as it addresses the streetscape on the northern side of Walkerville Terrace and the adjoining buildings. The design, siting and scale of the proposed addition are considered acceptable in the context of the Walkerville Terrace streetscape.

• Carparking Carparking is currently unavailable at the rear of the site for 5 vehicles. The proposal seeks to demolish the outside toilet and shed and increase the level of parking spaces to 8. No change is proposed to the existing access to Stephen Terrace via a 3.0 metre wide ROW lane or the angled parking arrangements. The access and parking arrangements currently do not comply with the AS/NZ 2890.1.2004, Parking facilities - Off-street car parking. The ROW at 3.0 metres wide cannot accommodate the simultaneous two-way movement of vehicles and inadequate space is available within the carpark to facilitate the turning and manoeuvring of vehicles to enable vehicles to enter and exit the parking area in a forward direction. Vehicles exiting the carpark must reverse into the ROW before they can turn around and exit to Stephen Terrace in a forward direction. Notwithstanding that this arrangement is not ideal in terms of its non - compliance with the Australian Standard, its poor visibility and accessibility to the general public, it does provide much needed carparking for staff and clients. The accessibility of the carpark for clients could be improved by the placement of a suitably designed identification signs at the entrance to the lane and on the front façade of the building. The carparking provision for offices is set out in Council Wide Principle 23 as follows: “23 There should be provision for car parking at the following rates:

(a) for the development of a building as a bank or as an office, not less than one car parking space for every 25 square metres of total floor area of the building, excluding voids;”

The proposed building will have a floor area of 209.9 square metres excluding the stair well void. On this basis the proposed development is required to provide 8 parking spaces. The proposed development complies with Principe 23 in the provision of parking spaces even though the arrangement is not ideal in terms of compliance with the Australia Standard. The proposal never-the-less does not seek to alter the existing access and manoeuvring arrangements which will continue regardless of this application. The provision for parking and the access and manoeuvring arrangements are considered acceptable. The opportunity for shared carparking was discussed with the applicant and his client. However the configuration of adjoining land to the west and existing improvements on those allotments such as a swimming pool and outbuildings does not facilitate the creation of a shared car park for business extending from the subject land to Stephen Terrace at this time.

CONSISTENCY The development generally conforms to the quantitative and qualitative provisions of the Development Plan for commercial development and those applicable to the Town Centre Zone and specifically the Business Core Policy Area.

ENVIRONMENTAL IMPACT Nil

DEVELOPMENT DATA Required/Allowed Site Area 407.6m2 NS Site Frontage 7.62m NS Site Depth 53.49m. NS Existing Proposed Building Area 99.2 m2 110.71m2 Total Floor Area 209.9m2

Building height (walls) Single Storey Two Storey Setbacks Walkerville Terrace

0.0 m

4.1m

NS

East side boundary West side boundary Rear boundary

0.0 m 1.5 m

33.0 m

0.0 m 0.0 m 33.0 m

Car Parking Provision 5 8 8.5 Numerical Data Checked for reasonable correctness Officer : LF

NS = not specified

CONCLUSION

The proposed alterations and additions to the existing building do not compromise the historic context of the building and its relationship in streetscape. While the proposed carparking arrangements are not ideal, adequate carparking would be available to staff and clients. The proposal generally accords with the relevant Objectives and Principles of Development Control for the Town Centre Zone and the Business Core Policy Area and warrants approval with appropriate conditions.

RECOMMENDATION

That Development Application No 200/133/05 by S Galantomos to make two storey additions and alterations to the existing office building at 77 Walkerville Terrace, and 143 Stephen Terrace, Walkerville be granted PROVISIONAL DEVELOPMENT PLAN CONSENT subject to the following conditions:

1. Development is to take place in accordance with the Option 1 as depicted on drawings

numbered 21339 Sheets PD1 and PD2 dated 9 August 2005 prepared by Galcon Developments and the letter dated 9 August 2005 accompanying the development application relating to Development Application No. 200/133/05, except as modified by any conditions attached to this Planning Decision Notification, and all works detailed in the approved plans and required by conditions be completed prior to the occupation of the development approved herein. Reason: To ensure the development proceeds in accordance with this approval.

2. A carpark identification signs shall be erected in the Right of Way lane adjacent to the

Stephen Terrace and on the front façade of the building, and the size and design of the signs shall be to the satisfaction of Council.

Reason: To identify the carpark for clients and ensure safe and convenient traffic movement at all times.

3. All individual car parking spaces shall be clearly marked and delineated at all times.

Reason: To ensure the provision of the approved carparks.

4. Suitable wheel stops or bump bars be placed in all appropriate parking spaces as indicated on the approved plan, to prevent damage to fences and landscaping on the site, prior to use of the car parking area Reason: To maintain the visual amenity of the car park surrounds

5. Storm and roof water shall be managed and disposed of in such manner as will not

adversely affect any adjoining property, by the creation of an on-site detention/retention system and/or directing such water to the street watertable to the reasonable satisfaction of the relevant planning authority. A pressurised system shall be used if levels are inadequate for a gravity feed system Reason: To prevent damage to properties and minimise erosion.

Note: Approval from the council is required if there are any amendments to the approved development resulting from the site conditions or requirements from other authorities or other Acts or Regulations having jurisdiction over the subject site, existing buildings or the approved developments.



Note: Any damage to abutting or nearby footpaths footpath paving nature strips kerbing

guttering and road paving resulting from the undertaking of the approved development shall be repaired or reinstated to the reasonable satisfaction of the relevant planning authority by or at the expense of the person or persons who undertake the development prior to occupation or use of the building or structure to which this approval relates.



Note: The beneficiary of this consent is advised that any mechanical device shall be

designed, located and operated at all times to comply with the Environment Protection Act (machine noise) Policy 1994.

Note: This approval does not imply compliance with Commonwealth Disability

Discrimination Act 1992, as amended, or the regulations thereunder. It is the responsibility of the applicant and the person erecting the building to ensure compliance with the aforementioned legislation.

Note: Construction work shall only be undertaken between the hours of 7am and 7pm

Monday to Saturday inclusive and between the hours of 10am and 4pm Sunday.

Corporation of the Town of Walkerville

REPORT TO: Development Assessment Panel

FROM: Lou Fantasia, Consultant Planner

APPLICATION: 200/051/05 APPLICANT: Joanne Natalie Willumsen LOCATION: 22 Burlington Street, Walkerville PROPOSAL: To remove a significant tree (Desert Ash) ZONING: Residential – Walkerville Central DATE: 28 November, 2005

ITEM NO: DAP281105/7.2

1. SUBJECT LAND & LOCALITY

The subject land is a regular shaped allotment on the western side of Burlington Street. The land contains a two storey detached dwelling sited some 12.0 metres from the street alignment. A large Desert Ash tree is located in the front garden approximately 5.5 metres from the north-eastern corner of the dwelling, approximately 6.0 metres from the northern side boundary and approximately 7.0 metres from the street boundary. There are numerous smaller trees around the perimeter of the subject land. None of those trees appear to be significant trees for the purposes of the Development Act. Burlington Street is a wide and pleasant residential street with single storey and two storey dwellings. The treed character of the street derives from the large mature trees located along the street and within the front gardens of the dwellings. The Desert Ash makes a significant contribution to the locality with its wide and dense canopy being a noticeable element within the streetscape of Burlington Street north of Church Terrace.

SUBJECT LAND

2. PROPOSAL

The proposal is to remove the significant tree from the property. The tree details are as follows: Species: Fraxinus angustifolia ssp ’Oxycarpa’ (Desert Ash) Location: Approx. 5 metres north-east of dwelling. Trunk Circumference at 1m: 2.25 m Height: 20 m Canopy Spread: 15 m

Age: 40 -50 yrs

Species Life Expectancy: > 150 yrs

Mr Nigel Turner, a Horticultural Consultant has provided a tree assessment report in support of the application to remove the tree. Mr H Mountford of Mountford Prider Pty Ltd has provided a report on the influence of the tree on the dwelling and surrounding paving and structures. He found only minor cracking in the dwelling located in the back wall of a laundry cupboard which appears to be “the total movement that has ever occurred in the house”. He concludes that this crack is of no structural significance. The applicant has provided several written submissions to support the application for the trees removal.

N

Significant Tree

Staff have met with the applicant on several occasions to discuss this matter and the findings/recommendations of the Arborman report with a view to the retention of the tree, a root zone management and the remediation of the paths, driveway and garden walls. These discussions have not resulted in any compromise and the applicant now wishes a decision from the Panel on the application to remove the tree. Please note that Mrs Willumsen wishes to address the Panel is support of this application.

3. PUBLIC NOTIFICATION

Type: Category 1 The application is a Category 1 form of development requiring no public notification or consultation since it involves tree damaging activity to a significant tree on private property. Therefore, no informal notice of the development was given to the owners and occupiers of the adjoining properties. Representations: Nil

4. PLANNING ASSESSMENT

ZONING: Residential – Walkerville Central Policy Area

Development Plan (Consolidated 16 October 2003) Council Wide Objectives 38

Principles 86, 87, 88 & 89

Environmental and Aesthetic

The tree’s location with the front yard of the dwelling, its height and dense canopy makes a significant contribution to the streetscape of Burlington Street and is a notable visual element in the landscape of the local area.

Condition of Tree

The tree consists of a single trunk up to 4.0 metres where it divides into two co-dominant leaders. Nigel Turner for the applicant and Chris Tozer Arborman Tree Solutions on behalf of Council have assessed the tree and found it to be in fair to good health with little evidence of structural flaws. Chris Tozer considers that the tree is a noticeable visual element to the landscape of the local area and it make an important contribution to the landscape character and amenity of the locality. The tree was not found to be diseased or have a short life expectancy to warrants its removal. Arborman do consider that some canopy and root zone management is warranted.

Risk to Public or Private Safety

The Development Plan refers to safety risk in terms of an “unacceptable risk”, this is generally related to the nature of the attachment and size of branches with the potential to fail and the type of activities undertaken within the target range or drop zone of the tree. It also relates to tripping hazards associated with root activity such as soil heave. The tree roots have caused movement and heave in the paved paths around the tree, the adjacent

garden retaining wall and concrete driveway. This disruption to the brick and concrete paving has created tripping hazards for the residents and visitors to the premises. Both Messes Turner and Mountford acknowledge the extent of pavement heave around the tree. Mr Mountford considers that tree root pruning is essential to mitigate the tree root damage to the pavements and to minimise the risk of private or public injury. Nigel Turner considers that the likely extent of root pruning necessary to mitigate the hazards and remediate the paving would put the tree into early decline, if not demise and possibly destabilize the tree. Arborman believe further investigation on this would indicate some root pruning could be feasible given the species tolerance of root disturbance. Therefore, Mr Turner and Mr Mountford support the complete removal of the tree. There are several options available to the applicant to remove the trip hazards and manage possible future disturbance to paving to minimise the occurrence of hazard and the level of risk. Although, all trees present some risk, this species is not known to drop limbs. Arborman considers the tree to be low risk and therefore it does not pose an unacceptable risk to private or public safety.

Causing or threatening Damage to Building

Mr Mountford indicates in his report that the dwelling was built in 1969 and the tree which is estimated to be 50 years old, already existed at the time of construction. He found that the extent of cracking within the dwelling is of not structural significance. Therefore there is no evidence that the tree is causing or threatening to cause structural damage to the dwelling and the nearby dwelling at 20 Burlington Street.

Remedial Treatments and Measures Investigated

For the purposes of this assessment as measured against the provisions of the development plan it is necessary to consider that all trees carry some risk, for this reason the Development Plan talks of risk in terms of it being “unacceptable”. Alleviating all risk associated with trees is an impossible undertaking. The Principles of Development Control relating to the protection and preservation of Significant Trees seek to allow the removal of such trees in circumstances where the level of risk is “unacceptable” and management and remedial measure would be ineffective to minimize the risk. The applicant has not provided any detailed information on the possible remedial works or management measures to minimize unacceptable risks except to indicate that the remediation works would require substantial root pruning which would lead to the death of the tree and loss of stability. Arborman raises the following matters in relation to root zone management: a) No attempt has been made to lift the affected areas of paving to assess the size and

nature of roots; and b) This tree species has good tolerance to root disturbance and therefore it should be

feasible to prune some of the roots, once assessed without having an effect on the tree’s health.

Arborman offers several options to the management of the affected paved areas which would have minimal negative effects on the health and stability of the tree such as: - Lifting the brick pavers, inspect the exposed roots and determine the need to prune

or remove roots and replace the pavers; - Use different paving materials that allow for movement and are less likely to create

trip hazards; - Grind the raised edges of the concrete to remove the trip hazard; - Raise the level or regrade the paved areas to allow for some root expansion; and - Reposition to the pathways around the tree leading from the driveway to the house.

There are alternatives available to the applicant to remove the trip hazard of the paving without the need to remove the tree.

CONCLUSION

In the absence of evidence to demonstrate that: 1. the tree is causing or, threatening to cause, substantial damage to a substantial building

or structure of value; 2. it represents an “unacceptable risk”; and 3. the remediation of the affected area will result in significant pruning of the tree’s root

which will have a detrimental effect on the trees health and stability, the proposal to remove the tree is neither supported nor warranted when assessed against the provisions of the Development Plan. The subject tree is considered to be visually notable when viewed from Burlington Street, and also makes a good contribution to the character and amenity of the local area. The tree is not considered to be causing or threatening to cause substantial damage to the adjacent dwellings. The displacement of the path and driveway paving is relatively minor and can be effectively addressed under the supervision of an arborist. For these reasons the application is recommended for refusal.

RECOMMENDATION

That DEVELOPMENT APPROVAL to Development Application No 200/051/05 by Mrs Joanne Natalie Willumsen to remove a significant tree (Desert Ash tree) of 22 Burlington Street, Walkerville be refused since the tree: • makes an important contribution to the character or amenity of the local area and

is a notable visual element to the landscape of the local area. [Principle 86 (a) and (f)];

• is neither diseased, nor is its life expectancy short [Principle 88 (a) (1) (i)];

• does not represent an unacceptable risk to public or private safety [Principle 88 (a) (1) (ii)];

• has not shown to be causing or threatening to cause substantial damage to a substantial building or structure of value [Principle 88 (a) (1) (iv)].


DAP281105/9 : CLOSURE

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DEVELOPMENT ASSESSMENT PANEL AGENDA – 28 · PDF fileDEVELOPMENT ASSESSMENT PANEL AGENDA – 28 ... included in the covering letter to the applicant that the ... The southern most